, 1887-12-15
DID He CoNSPlRE?
Interesting Testimony In the
Sipgrl Trial.
The Prosecution Rest their
Case.

Al about quarter OF ten yester'
terday morning the district court was
called to order and the judge 'n-
structed counsel to proceed with the
6iegel care.
GrifFi,ts Immediately continued the
argument against admitting as evil
dence what Sunders heard Delos Bee
man say, claiming that it could not be
included i'm the "rcs gestae." lie read
extracts from large number oi au-
.horities, to the effect that unless there
was continuity between the main TACT
and subsequent statement, the latter
could not be included in res gestae
which embraces only acts and state
ments cOniempornneOus with ana
illustrative Of the main fact. When
the statement is segregated from me
main act by sufficient lapse OF TIM
to have allowed the speaker to think
over lis position and form plan by
which he may evade or pnlliate the
responsibility Of his act, then it IL not
q pnrt of the res gestae. Such was
the statement of Delus, it Was na'i'
ten minutes after the shooting, and
that space Of time was amply sutiici,n nj
ior linn to have made up story to
explain the deed.
The Judge decided that he would de-
eide the question without hearing the
argument OH the eide of the prosecu-
tiOn, and although rather in d"ubt ON
the subject, would overru)e the ohjec-
ton and admit the statement in evil
dence.
Sanders was then called to the
stand, and testified, that, Delos when
running up the hill, had agun in his
hands, and on reaching the top shouted
"I've killed him." and then added :
"You old --.of a - I've notion
to shoot you, too" Saw Delos on the
night before the murder, with gun
in Ills hand, Delos was going toward
the house of the deceased. Heard a
gun shot few minutes later.
Saw defendant and Delos at
the house of the deceased, on
the morning of Nov. LIST, they were
leaving the premises ut the time, in
opposite directions, Siegel running.
Delos walking rapidly.
On cross-examination, stated that
when Delos shouted, he had crossed
forty-acre lot lying back of the barn.
Was willing to swear that Delos said
the words already testified to. Wit
ness after hearing the shot, called t.
Beeman's sister, Mary, who was living
at his (Snnder's) house, to 90
and see what was the matter. Jason
had lived for awhile at the house oi
al Il
had not been on friendly terms with
defendant, but denied that there was
any bitter feeling between them. He
had loaned IA shotgun to Jason, abOu,
the time that the latter left the hons,
of witness and went to the Beeman
cabin. Jason said that he wished to
shoot prairie chickens.
In his examination before the justice
witness had sworn That he was 16O rods
from Delos when the latter shouted.
Went to Spangle the day of the MUIR
der to have the murderer arrested.
On the night OF the 3rd, when De.
los passed witness with II gun, and
shortly afterwards II shot was fired, Ja-
SON was standing on top OF hill near
the field of the witness.
Ground where the body WAS found
was pre- badly Il little higher than thaton
which the barn stands. Should think
that the barn window was about two
and one-half feet from the ground.
On redirect examination, nothing OF
importance was developed.
VIM. Gregory called. Lives about
half mile from the Beeman ranch.
Knew the family Of Beemans and also
ia e h., fI rtl 1,
saw Delos leaving the barn on the
Beeman place. Witness was blowing.
Delos approached him with gun in
his hand, and shouted, on old bald
headed - Of a I've Il good
mind TO shoot you," and added,
"you've had good deal to do with
the trouble that Jason has made"
Saw the body of the deceased be-
tween eight and nine O'clock on the
morning Of the fourth Only looked
over the fence at the budy at that
time.
Cross examination-Delosw was about
$50 yards from witness when they
held their conversation. Conversation
lasted only a few seconds. Went to
the yard Of the Beeman place soon
after. Looked over the fence and saw
the body, was fifteen or twenty steps
from the body ut the time. Saw it
again the same evening. Was not on
very good terms with Siegel. They
had not spoken for n year, though they
had never had any serious quarrel.
Made the complaint against defend
ant. Did not say before making the
complaint that he was going to run
Siegel out OF the country.
Gregory was an excellent witness.
John Mnst,rson called. Lived
about five miles from the scene OF the
tragedy. Saw defendant and n young
man, probably Delos, on Nov. 3. They
asked him for u gun. Witness told
them ,lmt he would lend then, II needle